Lights, Camera, Arrest

Judge tosses lawsuit by Jared Fogle’s ex-wife against Subway


In this Aug. 19, 2015, file photo, former Subway pitchman Jared Fogle leaves the federal courthouse in Indianapolis, following a hearing on child-pornography charges. Fogle is scheduled Thursday, Nov. 19, 2015, to face a federal judge in Indianapolis for sentencing, after agreeing in August to plead guilty to charges of illicit sexual conduct with a minor and receiving child pornography. (AP Photo/Michael Conroy, File)

In this Aug. 19, 2015, file photo, former Subway pitchman Jared Fogle leaves the federal courthouse in Indianapolis, following a hearing on child-pornography charges. Fogle is scheduled Thursday, Nov. 19, 2015, to face a federal judge in Indianapolis for sentencing, after agreeing in August to plead guilty to charges of illicit sexual conduct with a minor and receiving child pornography. (AP Photo/Michael Conroy, File)

LEBANON, Ind. (AP) — An Indiana judge has thrown out a lawsuit filed by former Subway pitchman Jared Fogle’s ex-wife, which alleged that the fast-food chain continued promoting Fogle as its spokesman even though it knew of his sexual interest in children.

Boone County Judge Matthew Kincaid dismissed Kathleen McLaughlin’s suit Tuesday, citing a “lack of personal jurisdiction.” His order states that each of the Subway entities she had sued have principal business operations outside Indiana and were formed in Connecticut and Florida.

The judge heard arguments last month in Subway’s bid to have the suit dismissed.

McLaughlin alleged that Subway received at least three reports indicating Fogle had a sexual interest in children, but failed to take proper action and continued promoting him as its spokesman. Fogle pleaded guilty in 2015 to trading in child pornography and paying for sex with underage girls. He’s serving a 15-year sentence at a federal prison in Colorado.

McLaughlin and Fogle, who have two children, divorced in 2015 after he agreed to plead guilty to the charges.

The 40-year-old Fogle became Subway’s spokesman after losing 200 pounds (90 kilograms) as a college student, partly by eating Subway sandwiches. The company ended its relationship with Fogle after authorities raided his suburban Indianapolis home in July 2015.

Kincaid wrote in his order that McLaughlin’s suit argued that Subway had used her marriage to Fogle “to ‘ground’ their valuable pitchman” and that the company then “created a campaign depicting a wholesome narrative of Mr. Fogle’s life and emergence as a family man.”

“The problem is that all of those things, if they happened, took place outside of Indiana,” the judge wrote.

A message seeking comment on the suit’s dismissal was left Wednesday for McLaughlin’s attorney.

Source: AP

Copyright 2017 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Share this post!
Facebook Twitter Linkedin Email Pinterest

Comments

tab  

Your email address will not be published. Required fields are marked *